Regulation And Legislation

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Updating regulation for today’s technology
NEWS OPINION MAY 17, 2021
Updating regulation for today’s technology

The key issue, as Gensler put it, is how the SEC continues to ensure that markets work for everyday investors when new technologies change the face of finance.

By InvestmentNews
UBS ordered to pay $4.8 million over Puerto Rican bond sales
NEWS REGULATION AND LEGISLATION MAY 14, 2021
UBS ordered to pay $4.8 million over Puerto Rican bond sales

The wirehouse disputes the damages and asserts the case is not indicative of how other arbitration panels may rule on the investment products.

By Mark Schoeff Jr.
Wells Fargo fails to shake 401(k) suit
NEWS RETIREMENT PLANNING MAY 14, 2021
Wells Fargo fails to shake 401(k) suit

The development likely gives the plaintiffs more leverage for a settlement, as the class-action case has moved one step closer to a trial.

By Emile Hallez
FSI sues to stop withdrawal of DOL independent contractor rule
NEWS BROKER DEALERS MAY 14, 2021
FSI sues to stop withdrawal of DOL independent contractor rule

The overturned Trump regulation would have provided certainty to independent brokers and advisers, FSI said. But an advocacy group says DOL has the authority to go in a different direction.

By Mark Schoeff Jr.
New SEC chair faces challenges from other regulators
NEWS OPINION MAY 14, 2021
New SEC chair faces challenges from other regulators

The responses of other federal agencies concerned about developments in securities markets may conflict with the SEC's core missions.

By Matthew P. Fink
SEC charges Texas RIA with fraud
NEWS RIAS MAY 14, 2021
SEC charges Texas RIA with fraud

Knight Nguyen Investments and its owner claimed to be experts in alternative investments.

By InvestmentNews
Wealth gap, emergency savings lead Senate committee hearing
NEWS RETIREMENT PLANNING MAY 13, 2021
Wealth gap, emergency savings lead Senate committee hearing

Panelists testified that more must be done to help retirement savings, including emergency savings and student-debt management services. It might also mean passing legislation to discourage workers from prematurely cashing out their 401(k) balances.

By Emile Hallez
Rep. Casten pushes climate disclosure bill to strengthen SEC’s hand
NEWS ESG MAY 13, 2021
Rep. Casten pushes climate disclosure bill to strengthen SEC’s hand

The legislation advances to the House floor as the SEC is taking public comments on increasing ESG reporting requirements.

By Mark Schoeff Jr.
Fired rep admits stealing $600,000 from elderly client
NEWS BROKER DEALERS MAY 13, 2021
Fired rep admits stealing $600,000 from elderly client

The broker, Matthew Clason, transferred more than $668,000 from the victim’s investment accounts into a joint bank account and then took most of it, according to the Department of Justice. He faces up to 20 years in prison.

By Bruce Kelly
Gary Gensler uses political savvy for strong start at SEC
NEWS OPINION MAY 12, 2021
Gary Gensler uses political savvy for strong start at SEC

The SEC chair deftly handled four hours of questioning from lawmakers, including a query about Reg BI. He showed he’s a deft politician who will be able to guide policy in a direction he favors.

By Mark Schoeff Jr.
Great-West B-D to pay $1.5 million over retirement account failures
NEWS RETIREMENT PLANNING MAY 12, 2021
Great-West B-D to pay $1.5 million over retirement account failures

The Securities and Exchange Commission says the firm knew that hackers were trying to access participant accounts but didn’t report them.

By InvestmentNews
Cboe files to list Fidelity Bitcoin ETF
NEWS ALTERNATIVES MAY 12, 2021
Cboe files to list Fidelity Bitcoin ETF

The exchange has proposed listing Fidelity's Wise Origin Bitcoin Trust, saying in its filing that concerns about potential manipulation of a Bitcoin ETF have been 'sufficiently mitigated.'

By Bloomberg
Bid to protect farms from capital gains signals Democratic resistance to some tax hikes
NEWS REGULATION AND LEGISLATION MAY 11, 2021
Bid to protect farms from capital gains signals Democratic resistance to some tax hikes

President Biden likely will need to keep all Democrats on board to get his spending and related tax proposals through Congress.

By Mark Schoeff Jr.
Finra set to resume in-person arbitration hearings
NEWS REGULATION AND LEGISLATION MAY 10, 2021
Finra set to resume in-person arbitration hearings

Finra will reopen 62 of its 69 hearing locations in July, while allowing arbitration parties to continue to request remote proceedings. Even if in-person proceedings are allowed, Finra said arbitration parties can still continue to request a remote hearing.

By Mark Schoeff Jr.
Finra should review ban on in-person arbitration hearings
NEWS REGULATION AND LEGISLATION MAY 10, 2021
Finra should review ban on in-person arbitration hearings

One industry group is now calling on Finra to end the remote hearings it says are harming investors. Two hundred and sixty-three hearings have been conducted remotely as of the end of March.

By InvestmentNews
Heeding tax winds, advisers chart new financial tactics for clients
NEWS REGULATION AND LEGISLATION MAY 10, 2021
Heeding tax winds, advisers chart new financial tactics for clients

Tax planning has become an urgent topic following President Joe Biden's proposal aimed at high earners and wealthy investors.

By Mark Schoeff Jr.
Advisers underwhelmed by Biden's first 100 days
NEWS REGULATION AND LEGISLATION MAY 07, 2021
Advisers underwhelmed by Biden's first 100 days

An unscientific poll of readers found 61% disapproving of Biden and 60% opposing his proposed tax increases. The survey was released on April 29, Biden’s 100th day in office.

By Mark Schoeff Jr.
Legislators ask GAO to review target-date funds
NEWS RETIREMENT PLANNING MAY 07, 2021
Legislators ask GAO to review target-date funds

The heads of the Senate and House committees overseeing labor want to know whether TDFs are working as advertised.

By InvestmentNews
GameStop legislation causes partisan fissures
NEWS REGULATION AND LEGISLATION MAY 07, 2021
GameStop legislation causes partisan fissures

Democratic bills address investor protection concerns related to the frenzy; Republicans warn against regulating ordinary investors out of the market.

By Mark Schoeff Jr.
What’s next for 401(k) litigation?
NEWS OPINION MAY 07, 2021
What’s next for 401(k) litigation?

While plaintiffs continue to develop many theories and new claims, one type of claim that has appeared with increasing frequency in 401(k) litigation 2.0 is an allegation that deciding to offer additional services to plans and their participants creates conflicts.

By David Levine